IF MY HUSBAND DRINKS AND USES DRUGS, WHAT ARE THE CHANCES THAT I WILL GET CUSTODY?

QUESTION: My husband drinks every day and recently he got out of control. I called the cops; he resisted arrest and assaulted a cop. He had weed on him. What are the chances I will get custody of the kids until he stops drinking and drugs?

MY RESPONSE: If you file a divorce case and seek and receive domestic violence restraining orders against your husband, that would create a rebuttable presumption under Family Code Section 3044 that an award of any sort of custody to your husband would be detrimental to the best interests of your children. Your husband's violence against a policeman will not qualify you for domestic violence restraining orders, but if he is convicted of a crime of violence against the policeman, evidence of his conviction may be helpful in your child custody case. If your husband was recently violent towards you or any of your children, or if he threatened you or them with harm, that may qualify you for domestic violence restraining orders. Even if your husband's conduct doesn't warrant or result in domestic violence restraining orders, evidence of his drinking and drug use should assist you in getting sole physical and legal custody of your children. You would best retain the services of an experienced Family Law Attorney to represent you in your child custody (and divorce) case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |